Havensight Capital LLC v. Nike Inc. et al
Filing
115
ORDER DENYING PLAINTIFFS EX PARTE APPLICATION FOR RELIEF FROM SANCTIONS IMPOSED 111 by Judge Otis D. Wright, II (lc)
O
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
United States District Court
Central District Of California
Western Division
CASE CASE NO. 2:14‐CV‐07153‐ R
)
)
)
Plaintiff,
)
)
v.
)
NIKE, INC.,
)
)
Defendant. )
_______________________________ )
HAVENSIGHT CAPITAL LLC,
ORDER DENYING PLAINTIFF’S EX PARTE
APPLICATION FOR RELIEF FROM
SANCTIONS IMPOSED
17
18
19
20
21
22
23
24
25
26
27
On March 31, 2015 the Court imposed monetary sanctions against Plaintiff’s
counsel, Benjamin J. Woodhouse under Federal Rules of Civil Procedure 11(c) and 28
USC section 1927 for his repetitious filings asserting previously raised and rejected
frivolous arguments. In each case there was no legal justification for the motions and
each served no legitimate purpose, but instead served only to increase the cost of the
litigation and needlessly burden the opposition and the Court.[110]. On April 1, 2015
Plaintiff filed an ex parte application to Vacate the Sanctions Order. [111]. It is that
application which is now before the Court.
28
1
1
As an initial observation Plaintiff offers no reason why the sanctions should be
2
lifted, instead there is the same litany of perceived grievances which pepper each and
3
every filing by this attorney. Time and again the Court has rejected these arguments,
4
yet they continue to be raised. But the Court turns its attention to the application at
5
hand.
6
First, it should be noted that ex parte relief is rarely justified. Mission Power Cas.
7
Co Eng’g Co. v. Continental . 883 F. Supp. 488, 490 (CD Cal.1995). As a prerequisite the
8
movant must demonstrate that his “cause will be irreparably prejudiced if the
9
underlying motion is heard according to regular noticed motion procedures.” Id. At 492.
10
Moreover, it must be shown that the moving party “is without fault in creating the crisis
11
that requires ex parte relief, or that the crisis occurred as a result of excusable neglect.”
12
Id. There has been an utter failure in this regard. These cases are closed and no urgency
13
has been shown nor is apparent.
14
Aside from the baseless merits, which the Court need not reach nor address,
15
procedurally no just cause for this extraordinary relief has been shown. On that basis,
16
the ex parte application is DENIED.
17
18
19
DATED: April 6, 2015
__________________________________
20
Otis D. Wright, II
United States District Judge
21
22
23
24
25
26
27
28
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?